Penal Legislation Problems for Countering Artificial Intelligence Crimes

Abstract

This paper highlights one of the most complex legal challenges of the time, which is the shortfall of classical penal texts in the face of the artificial intelligence revolution. The main problem here boils down to the principle of “legality of crime and punishment”; Because current laws are based on human agents and “free will,” while artificial intelligence automatically performs actions and blurs the identity of the offender. This reality has created a dangerous legal vacuum in which new crimes such as algorithmic attacks and smart weapons go unpunished. The study uses a descriptive method to show that the lack of a specific text to determine responsibility between (the developer, the user and the device) is the biggest obstacle to justice. The aim of this study is to substantiate the need to amend the laws and introduce the concept of “electronic legal entity” or “presumptive liability” in order to prevent criminals from remaining impunity. The findings underscore that legislative inaction in the face of this technology compromises community security and makes courts hesitant to punish the entities behind these smart systems. The only solution is to develop a “smart penal code” that can match technical developments, set strict limits on impunity crimes and protect the rights of victims.